The Environmental Protection (Prescribed Processes and Substances Etc.) (Amendment) Regulations 1994

Regulation 4(4)

SCHEDULE 4 AMENDMENTS OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS COMING INTO FORCE ON 1ST DECEMBER 1994

1.  In paragraph 2A(1), after the words “Part A of Section 1.4” there shall be inserted the words “, Part A of Section 6.3”.

2.  In paragraph 5, there shall be added at the end the following sub-paragraph—

“(e) any description of a Part B process includes any related process which would fall within paragraph (c) of Part A of Section 1.3 if it were not so related.”.

3.  In paragraph 7, there shall be added at the end the following sub-paragraph—

“(3) Where by reason of such use or disposal as is mentioned in sub-paragraph (1), processes of different descriptions are carried out with the same plant and machinery and those processes include Part B processes falling within different Sections of Schedule 1 (but no Part A processes), those processes shall, notwithstanding the rule set out in paragraph 2, be treated as a single Part B process falling within the description in whichever of those Sections first appears in that Schedule.”.

4.  For paragraph 8 there shall be substituted the following paragraph—

“8.   Where in the course of, or as a process ancillary to, any prescribed process the person carrying on that process uses, treats or disposes of waste at the same location (whether as fuel or otherwise), the use, treatment or disposal of that waste shall, notwithstanding the rule set out in paragraph 2, be regarded as falling within the description of that process, whether the waste was produced by the person carrying on the process or acquired by him for such use, treatment or disposal.”.

5.  Paragraph 10 shall be omitted.

(1)

Paragraph 2A was inserted by S.I. 1993/2405, regulation 3.